******************************************************** NOTICE ******************************************************** This document was converted from WordPerfect or Word to ASCII Text format. Content from the original version of the document such as headers, footers, footnotes, endnotes, graphics, and page numbers will not show up in this text version. All text attributes such as bold, italic, underlining, etc. from the original document will not show up in this text version. Features of the original document layout such as columns, tables, line and letter spacing, pagination, and margins will not be preserved in the text version. If you need the complete document, download the WordPerfect version or Adobe Acrobat version, if available. ***************************************************************** Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) Amendment of Section 73.202(b), ) MM Docket No. 99-204 Table of Allotments, ) RM-9623 FM Broadcast Stations. ) (Grand View, Idaho) ) REPORT AND ORDER (Proceeding Terminated) Adopted: February 2, 2000 Released: February 11, 2000 By the Chief, Allocations Branch: 1. Before the Commission for consideration is the Notice of Proposed Rule Making ("Notice"), 14 FCC Rcd 9043 (1999), issued in response to a petition for rule making filed by Mountain West Broadcasting ("petitioner") proposing the allotment of Channel 228A to Grand View, Idaho, as that locality's first local aural transmission service. Petitioner and Grand View Broadcasting Company ("GBC") each filed supporting comments in response to the Notice. FM Idaho Co. ("FM Idaho") also filed responsive comments. No other comments were received. 2. As stated in the Notice, the proposed allotment of Channel 228A to Grand View requires a site restriction 10.2 kilometers (6.3 miles) south of the community at coordinates 42-53-47 NL and 116-05-30 WL to comply with the minimum distance separation requirements set forth in Section 73.207(b) of the Commission's Rules. 3. FM Idaho reports that the transmitter site proposed for Grand View is technically unacceptable as it is located on land owned by the U.S. government and administered by the Bureau of Land Management ("BLM"). FM Idaho provided a letter from the Owyhee Area Realty Specialist of the Boise field office of the BLM, stating that the proposed referenced transmitter site is unavailable and unsuitable for an electronics site. According to the BLM, there is no electrical power to the site, and that the cost of providing it would be prohibitive. Additionally, BLM advises that as a prerequisite to consideration of an antenna site on land administered by the Department of the Interior, environmental studies and clearances must be requested before any decision could be rendered as to the suitability of establishing a communications site. FM Idaho urges denial of the proposal to allot Channel 228A to Grand View, Idaho, based upon the petitioner's failure to take into account the BLM wilderness-area circumstances, or to demonstrate the suitability of an alternate transmitter site to accommodate its proposal. 4. In consideration of the above, we do not find that it would serve the public interest to allot a channel to Grand View. Evidence has been presented herein to demonstrate that in the absence of appropriate environmental studies, the BLM will not consider a request for use of the land in question, and that is sufficient to provide a reasonable assurance of the site's unavailability. Moreover, petitioner did not rebut the evidence presented or provide any engineering showing that an alternate site not encompassed on land managed by the Bureau of Land Management is available from which the technical requirements of the Commission's Rules could be met. 5. In view of the above, IT IS ORDERED, That the petition of Mountain West Broadcasting proposing the allotment of Channel 228A to Grand View, Idaho (RM-9623), IS DENIED. 6. IT IS FURTHER ORDERED, That this proceeding IS TERMINATED. 7. For further information concerning the above, contact Nancy Joyner, Mass Media Bureau, (202) 418-2180. FEDERAL COMMUNICATIONS COMMISSION John A. Karousos Chief, Allocations Branch Policy and Rules Division Mass Media Bureau